Tello v. Lea County Board of Commissioners, 2:24-cv-00390

Plaintiff Karina Tello was a deputy at the Lea County Sheriff’s Office (LCSO).
Prior to employment, Tello recorded an intimate video for her romantic partner.
Multiple LCSO employees who allegedly disliked Tello conspired to humiliate her by disseminating the video after obtaining it from a Lovington Police Department officer.
LCSO superiors purportedly authorized the video’s distribution, which was sent via prepaid phone to colleagues and Tello’s fiancée.
Tello was reprimanded by a supervisor for an alleged code of ethics violation, with no discipline imposed on the conspirators, and the Sheriff failed to report the misconduct as required.
Tello sued, asserting among other claims that her rights under the New Mexico Civil Rights Act (NMCRA) were violated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper Defendant under NMCRA	Should have named Lea County Board, not LCSO, and requests leave to amend	NMCRA claim only allowed against public body, not Sheriff's Office	Allow amendment to substitute Board for LCSO
Employment-Related Bar (NMCRA § 41-4A-3(D))	Claim does not "arise from" employment; not a foreseeable employment risk	Claim arises from employment and is therefore barred	Claim does not arise from employment; bar does not apply
Under Color of Law	Alleged actions were endorsed by supervisors under authority of LCSO	Employees did not act under color of law or within scope of authority	Sufficiently alleged to act under color of law at pleading stage

Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for motions to dismiss under Rule 12(b)(6))
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (motion to dismiss standard—plausibility requirement)
West v. Atkins, 487 U.S. 42 (1988) (defines acting under color of state law)
Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982) (public employment and color of law)
Jojola v. Chavez, 55 F.3d 488 (10th Cir. 1995) (nexus between state authority and conduct for color of law)